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Beneficial ownership of the family home: A comparative study of English and Australian constructive trusts

Beneficial ownership of the family home: A comparative study of English and Australian constructive trusts

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2021) Beneficial ownership of the family home: A comparative study of English and Australian constructive trusts. The Denning Law Journal, 32. pp. 151-173. ISSN 0269-1922 (doi:https://doi.org/10.5750/dlj.v32i1.1920)

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Abstract

The article reviews and critically analyses the English law relating to common intention constructive trusts in the context of the family home. In particular, it seeks to show how the English courts have addressed the question of establishing and quantifying the parties’ beneficial shares in both sole and joint ownership cases. The article also compares the English approach with the way in which such questions have been answered by the Australian courts. The primary purpose of this comparison is to consider what lessons (if any) can be learnt from the Australian model and to argue for a composite enquiry based on a multifactorial examination of the circumstances (allowing equal weight to be placed on both financial and non-financial contributions) in both single and joint ownership cases in determining beneficial entitlement.

Item Type: Article
Additional Information: This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Authors retain the copyright and grant to the Journal the right to publish under license. Authors retain the right to use their article (provided you acknowledge the published original in standard bibliographic citation form) in the following ways, as long as you do not sell it or give it away in ways that would conflict with our commercial business interests: internal educational or other purposes of your own institution or company; mounted on your own or your institutions website; posted to free public servers of preprints and or article in your subject area; or in whole or in part, as the basis for your own further publications or spoken presentations.
Uncontrolled Keywords: family home, constructive trusts, beneficial ownership, common intention, presumption of equality, single regime, composite enquiry
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:
Last Modified: 24 May 2021 08:38
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/31984

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